Waldron Bros. v. Dickerson
Supreme Court of Iowa
Appeal from Polls District Qowrt. Action to foreclose a mortgage executed by defendant, William Dickerson. Other parties bolding liens upon the land were made defendants. Of these S. D. Obillson and the Iowa Loan and Trust Company, whose claims or liens were by the decree declared to be inferior to the liens of their co-defendants, now appeal. The facts of the case appear in the opinion.
1Opinion of the Court
Beck, Ch. J.
I. The cause was sent to a referee, who found the facts, so far as they are involved in the questions of law arising in the case, to be as follows:
1. July 27, 1875, the defendant Dickerson executed to plaintiffs the mortgage in suit. It was recorded the day of its execution.
2. May 1,1875, Dickerson executed to defendant Chillsom another mortgage on the same lands. The mortgage was re-' corded May 15, 1875.
*1723. The Iowa Loan and Trust Company, having guarantied the payment of the notes secured by the second mortgage, paid a part of them upon default of payment by Dickerson. It thus…
2Cited by2 opinions
- Dawson v. PhillipsWest Virginia Supreme Court · 1916
- Maynes v. BrockwaySupreme Court of Iowa · 1881